LAHORE: Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan on Wednesday challenged the notice sent to him by the Election Commission of Pakistan (ECP) as part of its proceedings to strip the former premier as his party's chairman.
The PTI chairman has moved the Lahore High Court (LHC) against the notice.
The electoral body had initiated the process to remove Khan as chairman of PTI last month, following his disqualification in the Toshakhana reference, by issuing a notice.
Today, Khan filed a plea in the LHC maintaining that the process for removal as PTI chairman was started after his disqualification from the National Assembly's seat NA-95.
The ECP issued the notice over allegedly submitting a "false statement" but it cannot play the role of a tribunal while exceeding its authority.
"Calling Imran Khan incompetent is baseless and illegal and the notice was served to keep him away from politics.
In his petition, the former premier requested the court to set aside the ECP's notice, while declaring and holding the assumption of jurisdiction and taking of cognisance by the electoral body for his removal as party chairman as envisaged by the said notice, "illegal, ultra vires the powers of ECP, contrary to the Constitution, and of no legal effect".
"Declare find and hold that the finding of ECP against the Petitioner of making false statement and incorrect declaration about his assets and liabilities and the finding of ECP of any disqualification of the petitioner under the Constitution or the Election Act, 2017, ECP’s order dated 21/10/2022 and any and all actions in pursuance thereof are unlawful, illegal, without lawful authority, without jurisdiction, ultra vires the powers of ECP, corum non judice, per incurium, malafide in fact and law, contrary to the Constitution, void ab initio and of no legal effect and as such set aside the same on the basis of grounds as urged herein above," the plea stated.
Khan also sought suspension of the notice and restraining orders for the ECP to stop it from proceeding in the matter till the final disposal of this plea.
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